switching from 10 year route to 5 year route

[jiayue]

Hi,

I came to the UK in May 2014 on student visa, met my British husband and married him in Sep 2015.

I applied for leave to remain using the FLR(FP) in Dec 2015 and was granted leave to remain under the 10 year route from March 2016 to Sep 2018.

I am now able to meet the financial requirements of FLR(M) but many statements on the home-office website confuses me. my questions are:

1) Can I switch from 10 year route into 5 year route?

if answer to 1) is yes, then

2) Is switching into another route considered as an extension, and the same rules apply? i.e. Do I have to wait until 28 days before my current visa expires to apply to switch into 5 year route, or can I apply now

3) Do i fill the FLR(M) form or FLR(FP) form? If I have to keep using the FLR(FP) how do I let them know I am qualified for the 5 year route?

Thanks

[Phb5]

Can I switch from 10 year route into 5 year route?
Yes, but I am not sure if this can be done mid way before the expiration of your current leave or you have to wait for the 28 days before current leave runs out. Mostly, people do switch after the first leave on 10 years route to 5 years.
You cannot combine the years on different route together unless your are looking to go down the route of long residence otherwise, you are to spend 7 years ( 2.5 on 10 years route + 5 years on FLR fp /FLM 5 years) before settlement.
I hope this helps. If not, you can still wait for other people's view, hopefully someone will respond soon

[jiayue]

there are a lot of contradicting information online, for example

a blog post by xxxxxxxxxx dated 28 AUGUST 2017 writes:

“In this case our client already had a partner visa for 2.5 years (30 months) but it was in the 10 year route. We submitted a ‘normal’ FLR(M) application to switch to the 5 year route.

...If you have to enter the 10-year route, you can then change to the 5-year route , meaning fewer steps to the permanent residency, a midway of 7.5 years , so to speak , although you can switch to the 5-year route well before the end of the 2.5-year visa.”

however, a blog post by xxxxxxxxxx dated 18 JAN 2016 writes:

“It is a common situation at the extension stage that someone who got leave under the 10 years partner route filling in FLR(FP) is now able to meet the requirements for the 5 year partner route but would still have to fill in FLR(FP) form. This is in view of the Notes on the Guidance for FLR(M) Form where they state that if you have previously filled in FLR (FP) you should not fill in FLR (M) Form for the extension.

... I dealt with a similar situation recently for a PEO (Same Day) appointment where we prepared both forms and to use whatever they would accept. In the first instance we presented FLR(M) but they returned it and we then presented the FLR(FP) which they accepted but granted leave under the 10 year partner route. ”

seems arbitrary and at the will of the case worker

Can anyone shed more light on this issue?

Thanks

[jiayue]

Does anyone have any experience?

Thanks

[Tani14]

Afternoon All and Happy Holidays,
I would like to do exact same thing, but I have been hearing that people have been refused application for 5yrs, further 2.5yrs has been granted under 10yrs route.
When applied we used FLR FP for 10yrs route now next application can I change to 5yrs and which form do I complete FLR FP or FLR M?
and
What is the requirement for being granted a 5yrs after 1st 2.5yrs expiry?

Many thanks,